46-87 ORDINANCE NO. 4 6- 8 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND
RETIREMENT", ARTICLE III, "PENSIONS FOR POLICE AND FIREMEN", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING SECTION 18-46(6), "EMPLOYEE", AND SECTION 18-48(7),
"VESTING", TO PROVIDE FOR THE OPTIONAL PARTICIPATION OF THE
POLICE CHIEF AND FIRE CHIEF IN THE SYSTEM AND TO PROHIBIT A
POLICE CHIEF OR FIRE CHIEF FROM 'RECEIVING RETIREMENT BENEFITS
WHILE ACTIVELY EMPLOYED BY THE CITY; AMENDING SECTION 18-
51(1), "ADMINISTRATION", TO PROVIDE FOR A DESIGNEE TO SERVE ON
THE BOARD OF TRUSTEES IN THE EVENT THE POLICE CHIEF OR FIRE
CHIEF TERMINATES HIS PARTICIPATION IN THE RETIREMENT SYSTEM;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 18-46(6), "EMPLOYEE", or' the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
(§) EMPLOYEE shall mean all employees of the city classified as full-time
sworn police officers, as defined on the effective date in Sect/on
185.02, Chapter 185, F.S.A., or classified as police officers in training,
or classified as volunteer or ,'egular frei-time firemen, as delia;ed on
the effective date in Section 175.032, Chapter 175, F.S.A., but shall
exclude all civilian members of the police and fire departments, and
· the Police Chief and Fire Chief upon their written election not to
participate in the system.
Section 2. That Section 18-48(7), "VESTING", of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
(7) VESTING. If a member terminates his employment with tl,e police or
fire departments, either voluntarily or by lawful discharge, and is not
eligible for any other benefits under this system, he shall be entitled to
the following:
(a) With less than ten (10) years of continuous service, refund of
member contributions.
(b) With ten (10) or more years of continuous service:
1. The pension benefit accrued to his date of termination,
payable commencing at his otherwise earliest normal
retirement date, provided he does not elect to withdraw his
member contributions, or
2. Refund of member contributions.
Any member of this system who, for whatever reason, has his employment-
with the city as a police officer or firefighter terminated, but who remains
wi~.h or was previously employed by the city in some other capacity so that his
total period of employment with the city is ten (10) years or more, 'shall have
all benefits accrued under this system preserved, provided he does not elect to
withdraw his member contributions. Such accrued benefits shall be payable at
his otherwise normal retirement date, in accordance with the provisions of
this system. For purposes of determining normal retirement date under this
vesting provision, continuous service shall include all continuous employment
with the city as an employee as herein defined as well as the period of time
subsequent to termination as a member of this system; provided further,
however, that benefits shall not be payable under this system during any
period of continued employment by the city. Upo. n the written election of the
Police Chief or Fire Chief not to participate in the. system, the employment
of the Police Chief or Fire Chief shall be deemed terminated for the purpose
of applying the provisions of this system. A Police Chief or Fire Chief who
terminates his participation in this system shall not thereafter be eligible to
receive benefits through the system` while actively employed by the. City.
Section 3. That Section 18-51(1), "ADMINISTRATION", of the Code of Ordinances
of the City of Delray Beach, Florida, is hereby amended to read as follows:
(1) The general administration and responsibility for the proper operation
of the retirement system and for making effective the provisions of
this article are hereby vested in a board of trustees consisting of nine
(9) persons as follows:
(a) The mayor of the City of Delray Beach.
(b) Two (2) public members to be appointed by city council as
hereinafter provided.
(c) The fire chief, or, in the event of the fire chief"s termination of
participation in the systemt his desi~lee.
(d) The police chief~ or, in the event of the police chief's termination
_of participation in the system, his designee.
(e) Two (2) members of the fire department to be elected as
hereinafter provided.
(f) Two (2) members of the police department to be elected as
· hereinafter provided.
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ten (10) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the 26th day of. May ,198...7.
MAYOR
ATTEST:
City C~frk -
First Reading May 12, 1987
Second Reading, May 26, 1987
2 ORD. NO. ~46-87